Relief for undocumented spouses of U.S. citizens and their children

Undocumented individuals may qualify for the new PIP program if they meet all of the following criteria:
  • Present in the United States without admission or parole;
  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024;
  • Have been continuously present for at least 10 years as of June 17, 2024;
  • Have no disqualifying criminal history or national security/public safety concerns; and
  • Otherwise merit favorable discretion by DHS.

Spouses who qualify for PIP will be provided up to a three-year period within which they may apply for adjustment of status. During that time, they will be eligible for work authorization and protected from removal.

Certain non-citizen children of PIP spouses may also be eligible for PIP. To qualify, the children must have been physically present in the United States without admission or parole and have had a qualifying stepchild relationship with the U.S. citizen, both as of June 17, 2024. To qualify as a stepchild under U.S. immigration law, the child must be:
  • Unmarried and under 21 years of age, and
  • Have been under the age of 18 at the time of the marriage that created the stepchild relationship.

Advance Preparation for PIP Program

Though the PIP program does not begin until August 19 at the earliest, potential applicants can start gathering evidence now so that they may be able to submit their application on or shortly after the program start date. U.S. Citizenship and Immigration Services (USCIS) has released the following non-exhaustive list of suggested evidence for spouses who may qualify under the program:
  • Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;
  • Documentation of proof of identity, including expired documents such as:  
    • Valid state or country driver’s license or identification;  
    • Birth certificate with photo identification;  
    • Valid passport; or  
    • Any government issued document bearing the applicant’s name, date of birth, and photo. 
  • Evidence of spouse’s U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization; 
  • Documentation to establish continued presence in the United States for at least 10 years, as of June 17, 2024, including documents such as rent receipts, residential records, school records, medical records, financial records, and tax receipts and returns, among others. 
For children of PIP spouses, evidence will include documentation establishing:
  • the child’s relationship to the noncitizen parent such as a birth certificate or adoption decree;
  • the noncitizen parent’s marriage to the U.S. citizen as of June 17, 2024; and
  • the child’s presence in the United States as of June 17, 2024.
As noted earlier, USCIS has not yet provided information on the form and fee associated with the new PIP program and will reject any applications submitted before August 19.

Next Steps 

Further details on the PIP program, including form and fee information, are expected to be published officially through a Federal Register notice in the coming days or weeks. Individuals who may be eligible for the program may wish to begin gathering documents in anticipation of the August 19 start date. However, it is important to discuss the risks and benefits of the PIP program with your Attorney. Please reach out to Attorney Zapata if you remain interested in pursuing benefits through the PIP program. Attorney Zapata is closely tracking Biden Administration programs and will provide detailed information in future alerts.


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